Shafi Basha @ Sabari And Others vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 25.02.2024 for the alleged offences punishable under Sections 8 (c ) , 20(b)(ii)(B) & 29(1) of NDPS Act in crime No.116 of 2024 on the file of the respondent, seeks bail.

The case of the prosecution is that the accused were found to be illegal possession of 1.200 kgs of Ganja. Hence the case.

The learned counsel for the petitioner submits that the petitioners have been falsely implicated in this case and they are innocent persons. Hence, he prays to allow this petition.

On the other side, the learned Government Advocate (Crl. side) submits that accused were found to be illegal possession of 1.200 kgs of Ganja. Further, he submitted that there is four previous case pending against the first petitioner. However, he raised objection to grant bail.

Considering the period of incarceration undergone by the petitioner and also the contraband recovered from the petitioner is intermediate quantity. Hence, this Court is inclined to grant bail to the petitioners.

Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thiruvallur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three months. Further, the petitioner shall deposit a sum of Rs.10,000/- to the registered Advocate Clerks Welfare Association,Thiruvallur, within a period of two weeks from the date of copy of a receipt of this order;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.